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ITAT allows depreciation on expense for ERP software named WFX-ERP-II

January 3, 2023 705 Views 0 comment Print

Indo British Garments P. Ltd. Vs ACIT (ITAT Delhi) The solitary issue in this appeal is that the assessee has capitalized the said expenses in their financial statements and treated the same as royalty and claimed the same as revenue expenditure in the computation of income. The AO held that since the assessee itself has […]

No Penalty u/s 11A (4) of Central Excise Act in Absence of Tax Evasion

January 3, 2023 441 Views 0 comment Print

Universal Bituminous Industries Pvt. Ltd. Vs Commr. of CGST & CX (CESTAT Kolkata) A Show Cause Notice dated 04/04/2019 was issued demanding an amount of Rs. 67,505/- (i.e 6% of 10% of traded goods) on traded items to the tune of Rs.1,12,50,819/- during the Financial Year 2013-14 2.2. The Ld. Adjudicating Authority confirmed the demand […]

Country of Origin Certificate not required to be submitted if Bill of Entry contains country of Origin

January 3, 2023 789 Views 0 comment Print

The Timberland Vs Commissioner of GST & CE (Appeals) (CESTAT Chennai) In paragraph-7 of the impugned order, the first appellate authority has clearly recorded that the appellant did not submit the Country of Origin Certificate as prescribed, either during the assessment stage or appellate stage. Against this, the learned Consultant would contend that the Bill […]

Rule 128(9) not provide for disallowance of Foreign Tax Credit in case of delay in filing Form 67

January 3, 2023 2334 Views 0 comment Print

Rule 128(9) of the Rules does not provide for disallowance of Foreign Tax Credit (FTC) in case of delay in filing Form 67

Securities Contracts (Regulation) Amendment Rules, 2022

January 2, 2023 1032 Views 0 comment Print

(1) These rules may be called the Securities Contracts (Regulation) Amendment Rules, 2022. (2) They shall come into force on the date of their publication in the Official Gazette.

Display assembly/module merit classification under Sub-heading 85249100

January 2, 2023 1689 Views 0 comment Print

In re Holitech India Pvt. Ltd. (CAAR Delhi) The question under the application for advance ruling relates to classification of goods. Further, it is also observed that Sub-section (b) of section 28E of the Customs Act, 1962 lays down that Advance Ruling means a written decision on any of the questions referred to in section […]

Video projector classifiable under headings 85286900

January 2, 2023 771 Views 0 comment Print

projectors in question are machines working in conjunction with an automatic data processing machine and performing a specific function other than data processing, thus the same merit classification in the headings appropriate to their respective function i.e 85286200.

Classification for Import of Dump Trucks for off-highway use in CKD form for exemption

January 2, 2023 1443 Views 0 comment Print

In re TATA Hitachi Construction Machinery Company Private Limited (CAAR Mumbai) Classification for Import of Dump Trucks for off-highway use in CKD form for exemption under sr.no 524 of Customs Tariff Notification No 50/2017 CAAR hold that the dump truck proposed to be imported by applicant as Completely Knocked Down (CKD) kit contains all the necessary components, […]

HC quashed proceedings under Benami Transactions (Prohibition) Amendment Act, 2016 for transactions prior to 25-10-2016

January 2, 2023 744 Views 0 comment Print

Brightcareer Consultancy Services Pvt. Ltd. Vs Union of India (Bombay High Court) HC quashed proceedings under Benami Transactions (Prohibition) Amendment Act, 2016 for transactions prior to 25-10-2016 1. The petitioner in the present case, apart from challenging the constitutional validity of the provisions of the Benami Transactions (Prohibition) Amendment Act, 2016, has also challenged the […]

Comparison by AO between qualitatively different agreements with completely different terms not appropriate

January 2, 2023 501 Views 0 comment Print

I hold that the comparison by the assessing officer between qualitatively different agreements with completely different terms and conditions was not appropriate.

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